A.Beer Mohamed v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD).Nos.909 and 910 of 2025 A.Beer Mohamed : Petitioner Vs.

1.State of Tamil nadu, The Inspector of Police, Palani Town Police Station, Dindigul District.

Crime No.527 of 2019 2.A.Marimuthu : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the charge sheet in STC.No.59 of 2020 pending on the file of the learned Judicial Magistrate, Palani, and quash the same as illegal.

For Petitioner : Mr.C.M.Arumugam For R1 : Mr.K.Sanjai Gandhi Government Advocate (crl.side) 1/4

ORDER

This petition has been filed challenging the proceedings in STC.No. 59 of 2020 pending on the file of the learned Judicial Magistrate, Palani. 2.The petitioner, who is arrayed as A11 has filed this quash petition. The case of the prosecution is that the accused persons had formed into an unlawful assembly on 10.12.2019 and raised slogans against the implementation of Citizen Amendment Act. Based on the complaint given by the 2nd respondent, FIR came to be registered in Crime No.527 of 2019. After the completion of investigation, final report has been filed before the Court below and it has been taken on file in STC.No.59 of 2020, for offence under Sections 143, 341 and 283 of IPC. 3.Heard Mr.C.M.Arumugam, learned counsel for the petitioner and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) for the first respondent.

4.It is not necessary for this Court to go into the allegations made in the final report since the Government had taken a decision to withdraw all 2/4

the cases pertaining to the CAA protest. G.O.Ms.No.368, dated 04.09.2021 was passed in this regard. Taking into account the said Government order, the continuation of the criminal proceedings will only be an abuse of process of Court which requires the interference of this Court.

5.In the light of the above discussion, the proceedings in STC.No.59 of 2020 pending on the file of the learned Judicial Magistrate, Palani, is quashed in its entirety for all the accused persons and this criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

27.01.2025 NCC : Yes/No Index : Yes / No Rmk To 1.The Judicial Magistrate, Palani.

2.The Inspector of Police, Palani Town Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J.

Rmk 27.01.2025 4/4